Dear Readers:
It’s been a tough last few weeks for immigration. The shooting of more than 20 Hispanic people in El Paso shocked the country. That was followed by a series of worksite raids in Mississippi that left many children separated from their parents. And then a few days later, the Trump Administration released a shockingly overreaching new public charge rule that has the potential to jeopardize the entry of and green card petitions for millions of immigrants. That regulation is a lot to get your hands around and this month we provide a detailed summary of what’s coming.
I write this from Washington, DC where I’ve been spending some time visiting Senate and House offices to advocate for better immigration policies. On this trip, I’ve joined immigrant physicians who are educating members of Congress about the importance of welcoming immigration policies to ensuring that patients in many parts of the country have access to doctors. It’s a serious problem as the national physician shortage is expected to worsen – potentially to 132,000 by 2032, according to the Association of American Medical Colleges. I try to get to Washington a couple of times a year to advocate for better immigration policies and have found these visits make a real difference. If you ever have the opportunity to go to Washington to advocate, you should really consider doing so. You really appreciate our democracy and an in-person visit leaves an impression much stronger than most other forms of advocacy.
1. ABCs of Immigration: Immigrant Visas
ABCs of Immigration: Immigrant Visas
What are the four basic categories of immigrant visas?
The four basic categories of immigrant visas are the following:
1. Family-sponsored immigrants
2. Employment-based immigrants
3. Diversity immigrants
4. Refugees and Asylees
What are the relevant issues and waiting periods for family-based immigrants?
For immediate relatives
Faster processing is an option, and no quotas exist. The types of questions relevant for family-sponsored immigrants include:
· Are you the spouse of a U.S. citizen?
· Are you a child of a U.S. citizen who is under the age of 21?
· Are you the parent of a U.S. citizen over the age of 21?
2. Ask Visalaw.com
QUESTION: I have just been scheduled for my green card interview. How do I know if my medical examination report has expired and I need to bring a new one to the interview?
3. Border and Enforcement News
Siskind Summary – The Public Charge Rule
On August 13, 2019, the Trump Administration released the text of a long-anticipated, controversial rule that will significantly expand the government’s use of a provision of the Immigration and Nationality Act that bars the admission of immigrants who are deemed likely to become a “public charge.” The rule would cover all immigrants and non-immigrants seeking admission to the US, adjustment of status, and extensions and changes of status for non-immigrants and is set to take effect 60 days after it is published (likely date in mid-October). The rule follows the release of a proposed rule in October 2018 and has been expected for the last few months.
4. News From the Courts
Matter of H-G-G-, Adopted Decision on TPS
The Administrative Appeals Office (AAO) decision in Matter of H-G-G- affects Temporary Protected Status (TPS) beneficiaries and their eligibility to adjust their status under section 245 of the Immigration and Nationality Act, reaffirming the position held by the Department of Homeland Security that TPS recipients are considered as being in and maintaining lawful nonimmigrant status exclusively throughout the period of time that TPS is in effect. Granting TPS does neither confers an admission nor cures or otherwise affects any previous failure to maintain continuously a lawful status.
5. News Bytes
USCIS Updates Filing Addresses for Some I-129 Petitions
Though no formal announcement was made, USCIS has updated the direct filing addresses for Form I-129, Petition for a Nonimmigrant Worker. Specifically, changes were made on the USCIS webpage for the filing addresses for H-1B cap-exempt petitions for extension of stay, change of status, concurrent employment, consular notification, and amended petitions, excluding those filed for H-1B cap-exempt entities, H-1B cap-exempt petitions based on a Conrad/IGA waiver or Guam, and all H-1B1, H-1B2, and H-1B3 petitions.
6. In the News from ABIL
House Holds Hearing on USCIS Policy Changes, Processing Delays
On July 16, 2019, the House of Representatives held a hearing on policy changes and processing delays at U.S. Citizenship and Immigration Services (USCIS). Witnesses included representatives from USCIS, the American Immigration Lawyers Association (AILA), Catholic Legal Immigration Network (CLINIC), the Immigrant Legal Resource Center, and the Center for Immigration Studies. Statements were also submitted by various organizations.
7. Updates from the Visalaw.com Blogs
Greg Siskind’s Blog on ILW.com
Bruce Buchanan’s Blog on ILW.com
For a complete list of new blog posts click here.
8. State Department Visa Bulletin: September 2019
To view the September 2019 Visa Bulletin from the State Department click here.
